878/SWW06. GNN141783P. 08 December 2006

Inspector wins 'first' for HSE following prosecution of Surrey company

Liam Osborne, a Health and Safety Executive (HSE) inspector based in Bristol, has just been awarded a Crown Court Certificate of Commendation - this is the first time, it appears, that an HSE inspector has been awarded such a commendation.

This award is in recognition of the work Liam and his colleagues recently did to ensure the successful prosecution of Photo Me International plc, Bookham, Surrey. The company was fined a total of £100,000 and ordered to pay £30,000 costs at Bristol Crown Court on 29 September for health and safety failings, after at least three employees in the South West developed a serious and extremely painful form of skin disease linked to the photographic chemicals they used.

The Judge hearing the case - his Honour Simon Darwall-Smith, praised Liam in court for the solid case he built and this was reflected in the total level of fines imposed - the highest ever imposed for offences relating to hazardous substances and another 'first' for the Bristol HSE team. Citing the inspector's 'tenacious' and 'thorough investigation', the Judge then instructed that Liam should be awarded the Commendation.

Liam was presented with his Commendation on Thursday (7 December) by the High Sheriff of Bristol, Richard Lee.

Commenting on his award, Liam thanked all those who had assisted him with the case including the occupational hygiene specialists, Bond Pearce Solicitors and Bristol Guildhall Chambers and added: "It is a pity that the defendants in this case did not do more earlier to reduce the risks to their employees. However, I am pleased that all our hard work in investigating and bringing the matter to court has been recognized."

Adding his congratulations to those of the High Sheriff, HSE South West and Wales Director, Terry Rose CBE, said: "I am extremely proud of the work that Liam and his colleagues have carried out in this case. It reflects the increasing priority we are placing on such work-related health risks as dangerous substances, manual handling and stress. We want employers to ensure that those risks are reduced to a minimum. Proper health and safety measures are essential for employees' welfare and a healthy workforce will always make better business sense for employers than an injured or absent one."

Notes to editors

A brief summary of the Photo Me prosecution:

1. Photo Me International plc was prosecuted (case concluded 28 September 2006) by the Health and Safety Executive after an investigation revealed a catalogue of failings in the company's management and control of chemicals.
2. Judge Simon Darwell-Smith heard that the UK Company, which has offices and a depot in Bristol, exposed its workers to hazardous chemicals. The failure to manage this exposure, it was claimed, caused the onset of a disease called 'allergic contact dermatitis' to become more severe over a four-year period leading to the three employees' 'sensitisation' to the chemicals.
3. The three employees were: Stuart White, 37 from Cheltenham, Derek Corcoran, from Crumlin in Gwent, South Wales, and Barry Woolford, from Ipsden in Oxfordshire.
4. Photo-Me were fined £30,000 for breaching Section 2(1) of the Health and Safety at Work Act 1974, and £10,000 for 6 breaches of the Control of Substances Hazardous to Health (COSHH) Regulations for not making adequate risk assessments, not preventing or controlling exposure of employees to chemicals, and for not providing any 'health surveillance' of employees at-risk. They were also fined £10,000 for not reporting a case of the disease to HSE, and were ordered to pay £30,000 costs.

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